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TMI Blog2014 (11) TMI 558X X X X Extracts X X X X X X X X Extracts X X X X ..... section 153C and section 158BD of the Income Tax Act, 1961 arise for determination and consideration. 2. With the assistance of Mr. Pinto, we have perused the order passed by the Income Tax Appellate Tribunal and impugned in these Appeals. The Tribunal was considering the correctness of the conclusions reached inter alia on merits by the Commissioner of Income Tax (Appeals) in his common order dated 29th March, 2010. 3. The Tribunal had before it a batch of Appeals being Income Tax Appeal Nos.5102/MUM/2010 to 5108/MUM/2010. These were Appeals of the Revenue and challenging the common order of the Commissioner as aforesaid. The Assessee filed Cross-Objections. The Assessment Years are 2001-2002 to 2007-2008. The Assessee is a partnership ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e the authority and accepted that the loose papers pertains to Assessee firm. 5. The Tribunal has therefore, referred to and extensively the questions which were posed to the Assessee and the response of the Assessee through Shri Shailesh P. Vora thereto. Apart from holding that the law does not permit the assumption of jurisdiction by the Assessing Officer what the Tribunal has held in Para 37 of the impugned order is as under: "37. We have heard the issue raised by the revenue on merits as well. We are of the view that the conclusions of the CIT (A) on the issue with regard to the assessment years which can be subjected to proceedings u/s. 153C of the Act as well as the conclusions with regard to the validity of the impugned additions, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceedings. Once there is no grievance raised on this count and even otherwise we do not find that on facts the findings are perverse or vitiated as above, then, entertaining the Appeals and for the purposes of deciding the legal questions would be a meaningless and hopeless exercise particularly, in the given facts and circumstances. While we can clarify and we do so that the substantial questions as framed and particularly on interpretation of the legal provisions are kept open for being decided in an appropriate case, we see no reason to entertain these Appeals. If the outcome of the Appeals would be otherwise adverse to the Revenue and particularly after these findings of fact are noticed, then, there is no point keeping these such Appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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